Release and Waiver Form
I hereby acknowledge that: (i) I understand, satisfy, and agree to be bound by, the eligibility requirements for The Next Reality Star (the “Contest”); (ii) I have answered and will answer all questions posed to me honestly and accurately; (iii) If any of the information that I have provided or will provide is found to be false or incomplete this may be grounds for dismissal from the Contest selection process, and/or my being dismissed as a Contest contestant, if previously selected as a contestant; (iv) Even if I meet the eligibility requirements, Steeltown, WQED, One Louder and/or any of their respective licensees, assignees, or parents, or affiliated or subsidiary companies (collectively, “the Producers”) have no obligation to conduct any initial and/or follow-up interview with me, and/or select me as a contestant; (v) Even if I am selected as a contestant, the Producers have no obligation to produce or broadcast a television program with the contestant (vi) In the event that the Contest is cancelled, the Producers have no obligation to award any prize(s), (vii) All decisions by the Producers concerning selection of the contestants and winners of the Contest are final and not subject to challenge or appeal; and (viii) the Producers shall own and shall have no obligation to return or maintain any materials submitted as part of my application whether or not I am or am not selected as a contestant.
By submitting this application I hereby consent to the recording, use and reuse by the Producers, and/or any of their respective licensees, assigns, parents, subsidiaries or affiliated entities and each of the respective employees, agents, officers and directors (collectively “Releasees”) of my voice (including, without limitation, my speaking and singing voices), actions, likeness, name, appearance and biographical material (i.e., collectively “Likeness”) in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Contest and the promotion and exploitation (in any form or media) thereof. I agree that Releasees may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that Releasees exclusively own any application materials (videos, photos, etc.) that I may have provided in connection with my application for or participation in the Contest and any photos and video or recordings of any kind that Producers will make of me in connection with the Contest and my application therefor (collectively, the “Materials”) and all rights therein and thereto including, without limitation, the right to use the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without limiting the foregoing in any way, I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Contest or any exploitation of the Contest of any kind. I grant the rights hereunder whether or not I am selected to participate in the Contest in any manner whatsoever. I release Releasees from any and all liability arising out of their use of my Likeness and/or the Materials. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or libel or false light). Without limiting the foregoing in any way, to the degree that the Materials include any musical or literary compositions in which I
(partially or wholly) own, or to which I purport to (partially or wholly) own, the copyright or any publishing rights, I hereby grant to the Producers, and have the complete, unfettered right to grant to the Producers, an irrevocable, unlimited, perpetual, worldwide, royalty and payment-free license to use and reproduce such Materials in the Contest and in connection with any promotion, publicity, marketing or advertisement for the Contest or any exploitation of the Contest of any kind, in any and all media now known or which may exist in the future. I understand that the Producers make no representation that such Materials will or will not be used in any way.
This agreement shall be deemed to be entered into in Allegheny County, Pennsylvania, and shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements executed and fully carried out within Pennsylvania. Any action, proceeding or litigation concerning this agreement or my appearance or participation in the Conteset may only be brought in Allegheny County, Pennsylvania, and I hereby agree that the courts of Allegheny County, Pennsylvania, shall have exclusive jurisdiction over me and the subject matter of any such proceeding.
Without limiting the foregoing, any provision of this agreement that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this agreement invalid, illegal or unenforceable in any other jurisdiction. This agreement expresses the entire understanding between me and the Producers and replaces any and all former and contemporaneous agreements, understandings or representations between me and the Producers. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both me and the Producers. No waiver by the Producers of any term or condition of this agreement will be construed as a waiver by the Producers of any other term or condition; nor will any waiver by the Producers of any default under this agreement be construed as a waiver by the Producers of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. The Producers may freely assign, in whole or in part, any of their rights or obligations under this agreement. I may not assign my rights and obligations under this agreement.